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HomeMy WebLinkAboutLA 5247234 • ,`. :` . , ". vat _ PACEr)'Ste AGREEMENT AND CONVEYANCE Re Water Mains ,�j� ilLCOy iti'e/ THIS AGREEMENT made and entered into this Slay of er, , by and between the CITY OF RENTON, a municipal corporation, hereinafter referred to as "CITY", and W. M. REEVES CONSTRUCTION COMPANY, a Washington Corpaation, hereinafter referred to as "REEVES": WITNESSET H: WHEREAS, REEVES has heretofore caused the construction of certain water mains, as hereinafter more particularly described, and WHEREAS, no other property owners or users are presently available to share in the cost and expense of the construction of such water lines, and the parties hereto having in mind the provisions and terms of Chapter 261 of the 1959 Session Laws, generally known as the "Municipal Water and Sewer Facilities Act"; NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED by and between the afore- said parties as follows: 1. REEVES hereby certifies that the certain 6" cast iron water mains, approximately 222 feet and 170 feet in length respectively, as hereinafter more particularly described, have been constructed in compliance with the Ordinances of the City of Renton and REEVES further covenants and warrants that all expenses and claims in connection with the construction and installation of said lines, whether for labor or materials or both, have been paid in full and receipts thereof being available; said line and route being described as follows: a. 170 feet of six inch, cast iron pipe water main installed on 13th Avenue North, extending east from its intersection with "K" Street, and generally known as City of Renton Utilities Project No. W-78, together with all appurtenances and accessories thereto. • b. 221 feet of six inch cast iron pipe water main installed in "I" Place North, from its intersection of "I" Place and 5th Avenue North, known and installed under the City of Renton Utilities Project No.W-77, together with all appurtenances and accessories thereto. and that the respective total costs for Project "a" and "b" as above specified are the sums of $810.68 and $966.16, respectively, 2. It is hereby found and determined that the construction and installation of said water mains on the hereinabove described streets in the City of Renton are in the 3 r s n w VOL rt . public interest and in furtherance of public health and sanitation. r1 3. REEVES hereby conveys, transfers, assigns and grants unto the City of Renton all its right, interest, and title in and to said lines, its appurtenances and accessories, free from any claim and encumbrance and CITY agrees to accept and maintain said lines as part of its present water system. REEVES further agrees and covenants to execute and deliver unto the City of Renton any and all documents, including Quit Claim Deeds or Bills of Sale, that may be required or requested by the City to effectuate this conveyance and transfer. REEVES agrees to pay unto CITY such service or other charges as may be imposed by the Ordinances of the City of Renton from time to time and applicable to users of the same class and circumstances. 4. The CITY reserves the right, without affecting the validity or terms of this Agreement, to make or cause to be made extensions to or additions of the above said water mains and to allow service connections to be made to said extensions or additions, without liability on the part of CITY. 5. No person, firm or corporation shall be granted a permit or be authorized to tap into, hook onto or use said 6" water lines, as hereinabove described, during the period of time described hereinbelow, without first paying unto the CITY in addition to any and all other costs and charges made or assessed for such tap, hookup or use, or for the water facilities constructing connection therewith, the amount required by the provision of this contract. The cost per front foot of said improvement shall be ascertained based on the total cost and construction as hereinabove certified and such unit cost per front foot shall be employed to determine the pro rata reimbursement to REEVES by any owner of real estate, who did not contribute to the original cost of such improvement and who subsequently wished to tap into or hook onto said 6" water mains, or either one of them. All amounts received by the CITY shall be paid out by it unto REEVES under the terms of this Agreement within sixty (60) days after receipt thereof. Furthermore in case any tap, hookup or connection is made into any such contracted water facility, without such payment having first been made as hereinabove set forth, the City Council of the City of Renton may remove, or cause to be removed, such unauthorized tap, hookup or connection, and all connecting tile, or pipe located in the facility right of way, and dispose of unauthorized material so removed, without any liability whatsoever to any party. -2- r . �s r �,r 6. This Agreement shall be effective for a period of five (5) years from 'i', the date of execution hereof. It is further agreed and understood by and between T, ��; the parties hereto that upon expiration of the term of this Agreement, to-wit five i (5) years from date hereof, the CITY shall be under no further obligation to collect or remit any other or further sums unto REEVES. Furthermore the decision of the City Engineer or Superintendent of Utilities, or other duly authorized represenative of the CITY in detemining and computing the unit cost per front foot to be paid by any party wishing to hook on to said water mains shall be final and conclusive in all respects. 7. It is further agreed and understood that the aforedescribed improvements have been or are about to be connected with the public water system of the City of Renton to serve the area hereinabove described; furthermore, the City agrees by and through its governing body to accept said facilities as part of the municipal water system. IN WITNESS WHEREOF we have hereunto set our hands and seals this S day of De41;91 / 6f t CITY OF RENTON, a municipal corporation W. M. REEVES CONSTRUCTION COMPANY, a B r � f: -4( Washington Corporation y __ lG�-'�/l v By q Frank Aliment, Mayor President ,f_.-12 ri",,a-pc-,--- Vern Morris,City Clerk / '- STAT' "OF i AII.'GT ON ) ''�`..' ) ss COUNTY i1F- KING ) On this day personally appeared before me FRANK ALIMENT and VERN H. MORRIS, to me known to be the Mayor and City Clerk, respectively, of the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses andpurposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of mid corporation. GIVEN under my hand andofficial seal this9 6-- day o 960. { c -No ry `� public in and for the State of R ` ;J,7ashington, residing at Renton. ,. -a- , . A*4 ft 346 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me WILLIAM M. R� Vr S and RICHARD REEVES to me known to be the President and VICE-FRESID2NT respectively of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. J nuary 1961 GIVEN under my hand and official seal this 5tI ay of be- ,-4- rE). _ otary Public in and for the State �!( r •t of Wain.ngton, residing at Renton I.JJi, f"S • ' •7n 1 - for Record /C--4-"" 31 19 b, 1 ym. -4- . of (1&1ada; ROBERT A. MORRIS, C Auditor